FRINGE BENEFITS TAX ASSESSMENT ACT 1986

PART XII - INTERPRETATION  

SECTION 165   PARTNERSHIPS  

165(1)   [Partnership a person]  

Subject to this section, this Act applies to a partnership as if the partnership were a person.

165(2)   [Position of partners]  

Where, but for this subsection, an obligation would be imposed on a partnership by virtue of the operation of subsection (1), the obligation is imposed on each partner, but may be discharged by any of the partners.

165(3)   [Joint and several liability]  

Where, by virtue of the operation of subsection (1), an amount is payable under this Act by a partnership, the partners are jointly and severally liable to pay that amount.

165(4)   [Offences]  

Where, by virtue of the operation of subsection (1), an offence against this Act is deemed to have been committed by a partnership, that offence shall be deemed to have been committed by each of the partners.

165(5)   [Defence to prosecution]  

In a prosecution of a person for an offence by virtue of this section, it is a defence if the person proves that the person:


(a) did not aid, abet, counsel or procure the act or omission by virtue of which the offence is deemed to have been committed; and


(b) was not in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the act or omission by virtue of which the offence is deemed to have been committed.

165(6)   [Taxation Administration Act]  

A reference in this section to this Act includes a reference to Part III of the Taxation Administration Act 1953 to the extent to which that Part of that Act relates to this Act.




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